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horsemad1

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  1. Ok does this add weight to my case? I started looking back through paperwork (cos I've years of it) and came across a letter from Halifax stating that all they can provide is a copy of the application form and current t's & c's. Does this give me a stronger position in terms of them not having an original signed properly executed agreement?
  2. Just an update. Ok so I decided to send a CPUTR 2008 letter by recorded delivery to Drydensfairfax, and low and behold on Monday we got a letter from them confirming they had closed the account with them and passed it back to Halifax!!!!!
  3. Another question sorry - if they were to try to enforce in Court would they need to produce the original agreement because its pre-2007. Sorry have been trying to read up about CCA's and came across this remark in another thread. Why does being a pre-2007 agreement make a difference? or am I totally barking up the wrong tree?
  4. Ok, but could I request that they send me the original and only the original under an s78 CCA request or is there an official letter that you know of that I could perhaps use instead?
  5. Hi again theoldrouge and thank you for your reply, but if I send this letter all I will receive is the same copy of the cut & pasted together application form in post #14 as this is what Crapquest provided me with (and other DCA's as Im guessing its all that Halifax have) and that will fulfil their obligations under an s78 CCA request, they will then be able to pursue me & I'll be back to square one wont I?
  6. Hi the oldrouge, Drydens first letter I received from them said "We refer to the above matter and note we have been unable to reach an arrangement with you. We have now received instructions to issue a claim against you in the county court to recover the sum outstanding. it is not too late to stop the claim being issued. Please call us on -------- or if you prefer write to us at the address below & we'll discuss an arrangement with you. if you do not contact us by 22nd Sept our instructions are to issue a claim. Information about our Claim Under the practice direction - Pre Action conduct we need to let you have information about the claim. You can access the Practice Direction at http://www.justice.gov.uk/courts/procedure-rules/civil/rules/pd_pre_action_conduct#DAVNA2 *The claimant will be Capquest Investments Ltd who owns the account. Their address is ......................... *The claim will be for the balance owing on the account *We will tell the court you made an agreement with Lloyds Banking Group but failed to repay it as agreed, we will explain that your account was then sold to CapquestInvestments Ltd *If necessary we'll show the court your credit agreement and statements to prove our claim *You haven't told us of any dispute that you owe the balance of your account. If you dispute the claim we are willing to try to resolve the dispute without going to Court. we think the most suitable way to resolve any dispute is for us to discuss withyour representative. *We think it is reasonable to ask you tolet us have a response by the 22/9/14. if you need longer please let us know. *If you don't comply with the Practice Direction the Court can impose sanctions against you and this may increase your liability for costs *You can make payments by a variety of means shown on the back of this letter *If you want advice about this letter, you can contact a solicitor. there are also organisations that offer free advice and assistance, we have listed them on the back of this latter. Please contact us as a matterof urgency to discuss your account". I have contacted them and I believeI have a reasonable dispute that neither they nor Crapquest have answered. I have not received a response in wrting form them to my CPUTR 2008 request yet as to whether they have the original agreement. I appreciate what you are saying Bazooka Boo but I want to push the fact that they nor Crapquest or any other DCA for that matter have responded to this request
  7. Thanks bazooka boo but tried the 'cca received does not satisfy request & will not enter into any further correspondence " letter with cap quest & dry dens but I am worried that if I don't reply again they will initiate court action.
  8. http://i392.photobucket.com/albums/pp8/julieh2/HalaifaxreconstitutedCCAfrontsid-2.jpg http://i392.photobucket.com/albums/pp8/julieh2/ReconstitutedCCA.jpg Also got a set of current terms & conditions. The first page says page 4 of 8 and the second states page 3 of 8, so pasted back to front to make page 4 look like that came first. have never recieved the missing 6 pages?
  9. Sorry guys been offline for a while. Thanks for your replies. Crapquest are who drydens are acting on behalf of. Apparently I exhausted capquests complaints procedure after 18 months and then they passed it onto Drydens. I wrote to drydens on the 13/9/14 basically saying acc is in dispute, should not have been passed on and that a reconstituted copy of a application form with missing prescribed terms and missing pages was not acceptable. I asked that I be allowed to view the original at their offices, I also at the same time made a formal request under CPUTR 2008 that they put in writing whether they actually do have the original. I heard nothing back until today and got a standard response letter saying I must send the £1 fee anduntil the fee is recived they cannot action my request. Erm cheers Drydens, but you obviously don't read your mail properly, you seem to have missed the point, what about the cut & pasted together so called agreement, what about my formal request for you to put in writing whether an original agreement actually does exist for this account???!!! Any ideas on a good response to their latest letter please?
  10. It's been on the dca roundabout for years, been with cap quest for 18 months & after going through their complaints procedure & them saying they had satisfied my request , they passed it to fairfax.
  11. Have also noticed a few more things, the first page of the re constructed application form says page 4 of 8, the reverse of this says page 3 of 8 so obviously cut & pasted together back to front, should I be demanding to see the missing 6 pages?
  12. Thanks for your reply CitizenB. Its been disputed since 2009 when payments also stopped. Tried to negotiate a reduced payment plan as financial situation was dire but they piled interest on which was higher than the payments being made and when I requested a CCA they then sent me to their debt collectors and been on the DCA merry go round ever since. t was sold to Capquest but also now owned by LLoyds???? Not sure if Halifax and Lloyds merged. Yes there are interest and charges on there but no PPI. Im not sure what you mean by a credit card Proper? Do I then reply to Drydensfairfax stating that the prescribed terms are missing and therefore they cannot enforce in court?
  13. Hi this has been backwards and forwards to Capquest for about 18 months, its for a Halifax cc from 2006, my main dispute is that when I requested a CCA I was sent a copy of the application form which had only one of the prescribed terms on it. It did not show the amount of credit, credit limit or repayments, the only thing it has on it is the name and address, rate of interest and signature. They also sent the terms & conditions stapled to it on 8 separate A4 sheets. They say this is enough and have complied with my request - is this the case? Where do I stand with the fact nearly all the prescribed terms are missing? Now Drydensfairfax solicitors have got involved I need to respond to them asap as they are threatening court action. Any advice as to what my response should be would be greatly appreciated.
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